Great Lakes Law

Ohio Supreme Court draws a dividing line on the scope of the public trust doctrine - Guest post by Professor Ken Kilbert

The Ohio Supreme Court this week issued its decision in State ex rel. Merrill v. Ohio Department of Natural Resources, holding that the public has no right to use the shore of Lake Erie above the “natural shoreline.” Professor Ken Kilbert, Director of the Legal Institute of the Great Lakes at the University of Toledo College of Law, has followed the case closely and published a comprehensive article on this issue, “The Public Trust Doctrine... Read more →

Federal appeals court denies states’ request to order immediate measures to stop spread of Asian carp, but leaves open the possibility of future court action if the federal government doesn’t address the crisis

Last week, a federal court of appeals panel upheld a district court order denying the request of Michigan, Minnesota, Ohio, Pennsylvania, and Wisconsin to issue a preliminary injunction compelling the United States Army Corps of Engineers and Chicago’s Municipal Water Reclamation District to close the locks on the Chicago Area Waterway System to prevent the spread of Asian carp into Lake Michigan (for background on the district court ruling, see this prior post). While the... Read more →